All items from Impudent Bankruptcy Lawyer

     Last month, Judge William Hillman of the Boston Bankruptcy Court, in In re Maria A. D’Italia, Case No. 13-16051-WCH (March 18, 2014), confronted the following questions:  if a debtor signs a waiver of homestead rights in a guarantee, does that waiver then either: (a) release or subordinate the debtor's homestead vis-à-vis the creditor’s judgment and execution based on the debtor’s guarantee liability;  or (b) prohibit the debtor from avoiding the creditor’s execution on her home as a “judicial lien” under 11 U.S.C. §522(f)(1)?
     Judge Hillman answered both questions in the negative. To understand his answers, let’s review the homestead law in Massachusetts.
Massachusetts Homestead Basics



Posted 1 week 6 days ago

      Chapter 13 is not just for consumers. An individual in a sole proprietorship (or who is engaged in some business activity, such as renting properties as a landlord) has Chapter 13 available to him or her, provided that he or she meets the debt limits in 11 U.S.C. §109(e) and has regular income (either via the business activities or from other sources, such as separate employment). Chapter 13 is not available to partnerships (although individual partners may file), corporations or LLCs that operate businesses.



Posted 3 weeks 11 hours ago

     On March 31, 2014, the Supreme Court of the United States denied certiorari in Bank of America, N.A. v. Sinkfield, Petition No. 13-700. To put in terms appropriate to Major League Baseball’s opening day, this was the equivalent of Casey’s mighty whiff at strike three in the ninth inning, with the bases loaded, a full count, and the chance for a walk-off win.



Posted 3 weeks 2 days ago

Law v. Siegel  (U.S. Supreme Court opinion March 4, 2014)Exemptions Safe From Bankruptcy Court’s “Adjustment”Kevin C.



Posted 7 weeks 1 day ago

STERN v. MARSHALL, 131 S.Ct. 2594 (2011):WHY SHOULD YOU CARE?
Kevin C. McGee, PartnerSeder & Chandler, LLP339 Main Street, 3rd FloorWorcester, MA 01608

  • The Stern v. Marshall Facts:


Posted 1 year 19 weeks ago



FIRST LESSON: “A” is for “Avoidance” and “Abandonment”

DISCLAIMER:  Nothing on this blog is intended to be specific or complete legal advice and is for general informational purposes only. In other words, you are only getting the tip of the iceberg in this blog – call and schedule a consultation with me at (508) 757-7721 ext. 112 if you think what you read here might apply to you and your situation. 
First, know that the bankruptcy law and Webster’s Dictionary have different definitions of “avoidance” and “abandonment”. The two terms also describe very different powers that a trustee in bankruptcy may use in your case.



Posted 1 year 38 weeks ago

An introduction: I am a 51 year old attorney who lives and works in Worcester, Massachusetts. I am a partner at the law firm of Seder & Chandler, LLP, on Main Street in Worcester, and I concentrate my practice on bankruptcy (commercial and small business bankruptcy , as well as consumer bankruptcy), with a  litigation focus. To find out a little bit more about my practice and my firm, please visit sederlaw.com.

My interests outside of my practice include: being (an older) father to my two sons; playing volleyball; performing on the community theater stage; and reading and watching sci-fi and fantasy (in my spare time). Big Game of Thrones fan here, way back to 1996. I can discourse on the BoSox, the Pats, or the Celts and seem like I know what I'm talking about. I also enjoy good food, good wine, good beer, and good company -- you may see a restaurant review or two posted here.

My goals here are to post on bankruptcy legal topics that interest me. Nothing in this blog is intended to be specific or complete legal advice and is for general informational purposes only. In other words, you are only getting the tip of the iceberg here – call and schedule a consultation with me if you think what you read here might apply to you and your situation.



Posted 5 years 45 weeks ago